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Can a Wife Force Her Husband to Move Out?

By: Lorna Elliott LLB (hons), Barrister - Updated: 21 Jan 2018 |
 
Divorce Separation Grounds Family Home

Q.

My daughter in law has decided she no longer wants to be married to my son (for no good reason other than she is fed up). They have 3 year old twins. He is a fantastic father and does not wish to leave his home (that he jointly owns) and boys. Has she the right to make him leave prior to any legal separation or divorce?

(J.S, 6 July 2009)

A.

I was saddened to read that your son is in this situation with his wife and two young children. As for the question of whether your daughter in law has the right to tell your son to leave – the answer in short is no. Your daughter in law would need to get a solicitor, and go to court to obtain an order to force your son from the family home.

Valid Grounds for Divorce

You have mentioned that your daughter in law is merely ‘fed up’. This is not a valid ground for divorce unless your son was willing to accept that the marriage had irretrievably broken down. There are five ways that this can be proven:

  • One spouse has committed adultery
  • One spouse has behaved unreasonably
  • One spouse has deserted the other for a minimum of two years
  • Both spouses consent to separation and have remained separated for at least two years
  • One spouse has decided to separate from the other spouse (without the other’s consent) for a minimum period of five years.
As your daughter in law may soon discover, it isn’t merely a matter of becoming fed up and deciding unilaterally to bring the marriage to an end.

Children and the Family Home

If your son decided that his marriage had become unbearable so that he chose to leave voluntarily, that would not have any effect on his ownership of the property – he would still be the joint owner.

In the event that your daughter in law does decide to pursue divorce proceedings, the court has wide ranging powers in relation to visitation rights and what happens to the family home. If the worst does come to the worst, your son has legal rights in relation to maintaining contact with his two children.

Marriage Help

It may be worth suggesting (obviously without wanting to look as though you’re interfering) that your son and his wife could try to address their problems, either by approaching Relate (www.relate.org.uk) or another marriage guidance service. Using this type of service is not a sign of weakness in a marriage, rather that the two people involved are adult enough to want to work together for the sake of their marriage and their children. If your daughter in law has left it until she is ‘fed up’ with the marriage before telling your son she feels this way, they may as a couple benefit from improving the way they communicate with one another.

I really hope that your son and daughter in law can address their issues without having to resort to separation or divorce.

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Hi. My wife and I separated a few years back but have been living together again the last year. We have 3 children but unfortunately not been getting on. Things got bad some months ago and she said she wanted us to separate but we agreed to try one last time. I then noticed a sudden change in her routine mainly by insisting on doing most domestic chores which i used to help with. Things have recently gone very bad and she has informed me im in for a surprise relating to me vacating the family home against my will. Could it be she sought advice regarding being the childrens main carer and upped her game and will use this in a court to somehow have me removed from our home ? Is this possible? Or am I being paranoid.
Nicko - 21-Jan-18 @ 2:38 AM
Ben.K - Your Question:
Hi, My wife and I moved to the UK from Australia in July 2017 in order to spend some quality time with her parents, her dad is undergoing treatment for cancer. We were renting a property together and we had an argument last Monday mainly around finances. I didn't know what I was doing. I felt so alone here without any friends or family close by. In a fluster I packed my bags and said that I couldn't live like this anymore. She dropped me to the local railway station and I decided to spend a few days with family and work through the reasons why I was finding things so tough. When I returned to the station on Friday she had packed the remainder of my things in our car and handed me the key stating that I wasn't allowed to return, suggesting that I left and she didn't want me back. We tried to have a family day out on Saturday but she said that I'm definitely not allowed back. The hardest thing is that we have two beautiful little girls aged 5 & 4. I still love my wife and I'm prepared to do anything I can to save our marriage. I have never been physically violent or abusive during the 11 years since we've been together. I don't drink, smoke or do drugs. In Australia I held an excellent job and we had an amazing lifestyle but finding a job here has been difficult although I started a job on Monday this week. I've been staying in share accommodation and missing my family so much. I really want to come back and try mediation or anything to resolve this mess but I don't think my wife is willing to go down this path. Any advice would be greatly appreciated. Thanks kindly.

Our Response:
I am very sorry to hear this. Regardless, of your lifestyle, or your previous track record of being a great other half, when a person makes a decision it may not be based upon anything you have done wrong, or have not done right. You cannot force your ex to allow you to move back in to your home, or stay in a relationship, so you have no other option but to deal with the situation from here on in. The first thing which helps is that you have a new job, which as difficult as this may be, it will keep you from dwelling on matters too much. You don't say whether you are dependent upon your wife's visa, or whether you are a British citizen (the latter helps), as it means you can stay close to your children. I don't usually cross-pollinate sites, but we have have a partner site called Separated Dads, which may help you further and I feel it may be of use to you at this emotional time. There is a forum which you can access, which can be very helpful (especially as there are dads who have been through similar situations), who can give great advice. The most important thing is to keep communicating amicably and try to stay rational for both yourself, your ex and your kids. We hope your present situation rectifies itself soon.
DivorceResource - 19-Jan-18 @ 1:59 PM
Hi, My wife and I moved to the UK from Australia in July 2017 in order to spend some quality time with her parents, her dad is undergoing treatment for cancer. We were renting a property together and we had an argument last Monday mainly around finances. I didn't know what I was doing. I felt so alone here without any friends or family close by. In a fluster I packed my bags and said that I couldn't live like this anymore. She dropped me to the local railway station and I decided to spend a few days with family and work through the reasons why I was finding things so tough. When I returned to the station on Friday she had packed the remainder of my things in our car and handed me the key stating that I wasn't allowed to return, suggesting that I left and she didn't want me back. We tried to have a family day out on Saturday but she said that I'm definitely not allowed back. The hardest thing is that we have two beautiful little girls aged 5 & 4. I still love my wife and I'm prepared to do anything I can to save our marriage. I have never been physically violent or abusive during the 11 years since we've been together. I don't drink, smoke or do drugs. In Australia I held an excellent job and we had an amazing lifestyle but finding a job here has been difficult although I started a job on Monday this week. I've been staying in share accommodation and missing my family so much. I really want to come back and try mediation or anything to resolve this mess but I don't think my wife is willing to go down this path. Any advice would be greatly appreciated. Thanks kindly.
Ben.K - 18-Jan-18 @ 11:27 PM
Pommy - Your Question:
Hi, my husband has agreed to leave the family home after emotionally abusing me for 15 years and after I finally managed early in the year to say our marriage was over. We have 2 small children. He’s asked me to write a letter saying i’m the one who has asked him to leave and that it’s ok for him to get another property for him and the boys. Should I write this please?

Our Response:
This letter would not have any relevance on anything your husband can claim for. If your son's are going to live with him on a permanent basis, then he may be able to claim, see link here. If the children are not going to live with him and he wishes to claim a larger property to have his sons to stay over, then he will be penalised with the bedroom tax, please see link here . A non-resident parent cannot claim for their non-resident children - only one parent can claim and that is the day-to-day main carer of the children.
DivorceResource - 8-Jan-18 @ 11:02 AM
Hi, my husband has agreed to leave the family home after emotionally abusing me for 15 years and after I finally managed early in the year to say our marriage was over. We have 2 small children. He’s asked me to write a letter saying i’m the one who has asked him to leave and that it’s ok for him to get another property for him and the boys. Should I write this please?
Pommy - 7-Jan-18 @ 10:10 AM
Al - Your Question:
My wife and I have been married over 35 years and all of the children have left.We have had our ups and downs, but now every time we have a disagreement my wife gets angry and insists I have to leave, she has rang the police and says that the solicitor says I have to leave.? We co- own a property. Is she right

Our Response:
You do not have to leave the property if you co-own the property through marriage. However, if your wife thinks the marriage is over and she would like to separate, then perhaps you should have a conversation to see if this is what she actually/seriously wants. If so, you then may wish to come to an agreement regarding how this should be carried out.
DivorceResource - 5-Jan-18 @ 3:24 PM
Panda.9 - Your Question:
ToniB We did manage to sit down and talk about counselling a few months ago as a last resort and then they cancelled and he's not bothered to rebook the appointment since. I haven't took it upon myself to do so as he shows no willing to make things better ever. Nothing changes, he isolates himself in the garage (which might I add is a fully refurbished comfortable and heated room, just like any other in our house only it has beer and a bar). He does this so I can't see what he's drinking and his excuse is that he's working. Although I rarely go in there, I'm aware of the amount he drinks due to the bottles in the bin (or sometimes out of the bin if the bin gets full!). He is just not willing to stop or even cut down. It's almost as if his whole life revolves around alcohol, the pub and football. I know he's unhappy too. Even more reason to change things for the better or separate. He doesn't even acknowledge me half the time and if I ask him for any help with the children in the evening all hell breaks loose. He has no time for them, even to tuck in goodnight because all he wants to do when he gets in from work is drink! Am so fed up. I do absolutely everything for him as well as being a mum and work two jobs. I really think my only option is going to be to leave. Easier said than done when you have three kids :(

Our Response:
If your husband refuses to talk or agree to a separation, then you may wish to seek legal advice as the only way to get your husband to leave would be to apply to court. If you are the day-to-day primary carer of your children, then you will have the upper hand at being allowed to remain in the house. As in all cases, the court’s main concern is the welfare of the children who are viewed as the priority. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order. However, it may be that a solicitor's letter might work if you ask a solicitor to outline your rights in this matter. Mediation may also be worth considering, if you tell your husband you are serious about this matter and you wish to push for a separation. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, contact orders, residence agreements and divorce. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and help you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. Legal advice is definitely also worth taking, if you are willing to try push the matter to a conclusion and if your husband refuses to attend mediation.
DivorceResource - 5-Jan-18 @ 12:14 PM
ToniB We did manage to sit down and talk about counselling a few months ago as a last resort and then they cancelled and he's not bothered to rebook the appointment since. I haven't took it upon myself to do so as he shows no willing to make things better ever. Nothing changes, he isolates himself in the garage (which might I add is a fully refurbished comfortable and heated room, just like any other in our house only it has beer and a bar). He does this so I can't see what he's drinking and his excuse is that he's working. Although I rarely go in there, I'm aware of the amount he drinks due to the bottles in the bin (or sometimes out of the bin if the bin gets full!). He is just not willing to stop or even cut down. It's almost as if his whole life revolves around alcohol, the pub and football. I know he's unhappy too. Even more reason to change things for the better or separate. He doesn't even acknowledge me half the time and if I ask him for any help with the children in the evening all hell breaks loose. He has no time for them, even to tuck in goodnight because all he wants to do when he gets in from work is drink! Am so fed up. I do absolutely everything for him as well as being a mum and work two jobs. I really think my only option is going to be to leave. Easier said than done when you have three kids :(
Panda.9 - 4-Jan-18 @ 9:12 PM
@Panda.9 - your hubby is obviously as unhappy as you are, especially if he a) drinks b) locks himself in the garage. As there are two sides to every story - so it's hard to pick sides. It can't be nice for him if he feels his family and even the dog are all against him. He's obviously not feeling any love from anywhere (at least you have the kids and the dog to bolster you - by the sounds of it he is hated by everyone). It's really sad that you are both going through the same experiences and life is just too short to be constantly unhappy. Can you suggest counselling to him or some other way to try to resolve the situation to either make a go of it or part? Talking to him in a different way might help, such as sitting him down and really trying to communicate as nicely as possible, as friends. You both have the same rights to stay under the marital roof but you have obviously come to a stalemate position that only talking can help resolve it. Or.....by you leaving and taking the kids with you and then applying to court for an occupation order for you and the kids :(
ToniB - 4-Jan-18 @ 2:43 PM
I have been in an unhappy marriage for years.My son is almost 8 years of age and even before he was conceived I remember telling my husband I had had enough. Since then it's gone from bad to worse. I have been asking my husband to leave for years and he refuses and doesn't listen to anything I have to say. He isolates himself in his own little bubble and sweeps everything under the carpet. He drinks EVERY single day and spends all the time he had in the house in the garage which had been converted into a bar. When he walks through the door the atmosphere changes instantaneously. The dog barks like crazy, often biting at his ankles and the kids get really stressed. I have tried my best for years to make things work and I knew when I conceived my son it wasn't right and only hoped it would make a difference to the relationship. Don't get me wrong, my son is the cherry on the cake as far as my family is concerned, only I know he wasn't created through true love. Some might say, why....why do such a thing but all my kids were conceived through IVF (we have three), there had never really been much of a physical relationship between my partner and I. The times there has, it's mostly been upsetting...well for me it has. I'm kind of glad I haven't had to go through the physical aspects of creating life because it's rarely a nice experience. I don't really know what else to do. I have daughters that always ask me to tell him to leave and one of them is especially horrible to him. I would gladly leave, only when I've spoken to the girls about it they always say no way are they leaving their home and tell Dad to go. I have tried so many times to speak to him but it's like talking to a brick wall. I feel so sad for my kids. I was so desperate last week that I packed a case and got ready to leave, only I couldn't leave them. They were devastated. I'm really at my wits end. Any advice would be much appreciated. Much love to all that are going through tough times ??
Panda.9 - 4-Jan-18 @ 1:16 AM
My wife and I have been married over 35 years and all of the children have left. We have had our ups and downs, but now every time we have a disagreement my wife gets angry and insists I have to leave, she has rang the police and says that the solicitor says I have to leave.? We co- own a property.Is she right
Al - 1-Jan-18 @ 5:38 PM
I am going out of my mind,15 months ago I told my husband that I no longer wanted to be with him and we have lived in the same house ever since because he won't leave. He won't accept that it's over and every time I remind him, he acts like it's the first time. We rent a home and it's in both our names.We have 2 children living with us(we are the parents ) I chose to end our marriage because his behaviour is unreasonable. He is controlling, possessive and verbally abusive. He says that I have stolen his money. ...cash that is in our house, which I spent over the years. ..he says he's going to have me arrested and get the kids taken into care. He tells the kids I'm a thief and a disgusting human being. He has sexually harassed me, over Christmas I had to hide under covers because he was trying to relieve himself over me. I asked him to stop but he wouldn't. He goes to the pub and I know what's coming when he comes back, which is more verbal abuse.The children hear it all. He has nothing to do with the children unless it's to tell them how awful I am. I'm worried for them. I keep asking my husband to leave for the children's sake if nothing else but he won't.I cannot afford to leave and there's no room at my families house for me and 2 children, whereas he could leave and stay at his mum's as she has plenty of room but he refuses. Even our dog shakes when my husband comes through the door. He pops tramadol like there's no tomorrow and often threatens suicide and even saying once that he'll take me with him. I just need some good advice. I'm very concerned for all of us
Red - 30-Dec-17 @ 2:42 PM
JoB - Your Question:
PLEASE can someone help??? I cannot afford a lawyer and I need to get my husband out of the house before my daughter becomes more distressed. I have been unhappily married for 17 years (married in South Africa, but bot hold British passports). We are living in a property belonging to my Dad. Husband hasn't worked for 2.5 years and does not seem in a rush to do so. We have a 17 year old daughter with mental health problems and him being in the house is making it a lot worse. I asked him to leave over 5 months ago. Does anyone have any suggestions, getting desperate here.

Our Response:
Unfortunately, as we are a UK-based website with knowledge of only UK-based divorce law, we can't help answer your question. You would have to seek legal advice local to you.
DivorceResource - 19-Dec-17 @ 10:13 AM
PLEASE can someone help??? I cannot afford a lawyer and I need to get my husband out of the house before my daughter becomes more distressed.I have been unhappily married for 17 years (married in South Africa, but bot hold British passports). We are living in a property belonging to my Dad. Husband hasn't worked for 2.5 years and does not seem in a rush to do so. We have a 17 year old daughter with mental health problems and him being in the house is making it a lot worse. I asked him to leave over 5 months ago. Does anyone have any suggestions, getting desperate here.
JoB - 18-Dec-17 @ 1:37 PM
@Cleggy - If you have been married only three years (and have no children between you) it is likely you would be allowed to keep your house. The longer the marriage, the less rights you will have. Once the marriage goes over five years in duration, then your wife will be able to claim more. If you have kids together, a court would more than likely allow your wife to stay in the house with them, if she is the primary carer of your children.
Matz - 15-Dec-17 @ 12:40 PM
My wife of 3 years is secretly running up credit card and shopping catalogue debts . She is using the credit cards to fund an out of control gambling addiction . The amounts are into thousands . I am 69 and she is 39 I own my house which I purchased outright from a previous divorce settlement . The house was purchased before we married and has my name only on the land registry deeds . Do I have grounds for divorce on unreasonable behaviour . And would I lose my house .
Cleggy - 14-Dec-17 @ 6:36 PM
Mi - Your Question:
A house mate of mine has recently starting the divorce paperwork in her home country. She does not speak English very well but I am trying to seek help for her as I see her extremely unwell and desperate. She and her husband have been together for more than 13 years. During their marriage he cheated on her many times and throughout the last year and a half his behaviour started to become more and more aggressive. They lived abroad from their home country for 2 years. She talked to her child over the time of a year and prepared the child for the following events. Her child was aware that she is going to divorce and he understood the situation and accepted it. After starting the divorce procedure, she moved in London now and never returned to her old address except for the times she visited her child. However, her future-ex husband keeps threatening her and now he started threatening me and my family as well. He said he complained to the police thst his wife left the child and that me and my family are hosting a criminal for her behaviour. My housemate is really worried that the police may arrest her for leaving her family before the divorce is over, although the situation there was puting her life in danger, reason why she left. The child is aware of the situation and he is saying he will come stay with his mother after the Christmas holidays, however the father, the future ex husband does not allow her to see the child only in return of some money. Can you please advise if she should contact a laywer in London as well and if his complaint to the police cam affect the chila in any kind. Many thanks

Our Response:
The police will not arrest your friend for leaving the home. Leaving the spousal home before divorce is not a crime and is unlikely to be investigated. Your friend has two options, to try to resolve the matter with her ex via mediation. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, contact orders, residence agreements and divorce. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. Mediation is seen as a legal requirement before a court application can be submitted. The primary reason is that mediation is an opportunity to come to a mutually agreed decision regarding access, one that both parents can take ownership of and want to ensure works. Your friend can contact a solicitor if she wishes to fully explore her options. But, only if her ex refuses to negotiate via mediation, should your ex contemplate taking the matter to court. Much depends upon whether she wants legal access or residency of her child. Where this cannot be agreed through the mutual arrangements of each parent, then court can decide what it thinks is in the best interests of your friend's child. I hope this helps answer your question.
DivorceResource - 28-Nov-17 @ 11:07 AM
A house mate of mine has recently starting the divorce paperwork in her home country. She does not speak English very well but I am trying to seek help for her as I see her extremely unwell and desperate. She and her husband have been together for more than 13 years. During their marriage he cheated on her many times and throughout the last year and a half his behaviour started to become more and more aggressive. They lived abroad from their home country for 2 years. She talked to her child over the time of a year and prepared the child for the following events. Her child was aware that she is going to divorce and he understood the situation and accepted it. After starting the divorce procedure, she moved in London now and never returned to her old address except for the times she visited her child. However, her future-ex husband keeps threatening her and now he started threatening me and my family as well. He said he complained to the police thst his wife left the child and that me and my family are hosting a criminal for her behaviour. My housemate is really worried that the police may arrest her for leaving her family before the divorce is over, although the situation there was puting her life in danger, reason why she left. The child is aware of the situation and he is saying he will come stay with his mother after the Christmas holidays, however the father, the future ex husband does not allow her to see the child only in return of some money. Can you please advise if she should contact a laywer in London as well and if his complaint to the police cam affect the chila in any kind. Many thanks
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jamcc725 - 23-Nov-17 @ 2:04 PM
My husband wants his father to visit and stay at our home everytime his sister goes on vacation. It is uncomfortable because my 5 year old has to leave her room and sleep in our room with my other daughter who is 8 months old. I tried to be resonable with my husband as his father comes at least 1 day each month. He usually would vome for 2 weeks at a time and summer for 3 weeks. As a result my husband dont want to talk about it..he dont want me to have authority to say when he can come..he dont care about how i feel and tells me to leave and go by my parents. He said if i brought divorce papers now he would sign it. And he has tried to drag me out of the house and has been physical abusive
Missy - 19-Nov-17 @ 1:17 AM
Me - Your Question:
My husband has asked me to leave the marital home and go back to my parents home. I told him I will never leave without our children. He answered that I can take the kids and leave. He even said he will pay for our plane tickets.He said that if I don't leave, he will, meaning I can't pay rent and bills as I work part time.I work for his company leaving also means losing my job. If we get divorced would that harm my chances to get custody of the kids?

Our Response:
You have as much right as your husband to stay in the marital home. You will be able to claim child maintenance from your husband if you separate and you become the main primary carer for your children, please see link here . It sounds as though you are both going through a tricky time. However, it is always best to try to resolve these issues with the chidlren's best interests in mind. So, if you can both sit down and discuss what is best for you both and the kids rationally, this will serve you all better in the long run.
DivorceResource - 17-Nov-17 @ 12:50 PM
My husband has asked me to leave the marital home and go back to my parents home. I told him I will never leave without our children. He answered that I can take the kids and leave. He even said he will pay for our plane tickets. He said that if I don't leave, he will, meaning I can't pay rent and bills as I work part time. I work for his company leaving also means losing my job. If we get divorced would that harm my chances to get custody of the kids?
Me - 16-Nov-17 @ 7:44 PM
JB - Your Question:
My husband has decided after 30 years of marriage he doesnt want to be married any more and refuses to let me into the home he owns. We previously had a house in joint names and sold this, but before we purchased another one he decided he wanted to live apart. He gave me a proportion of the money from the home we sold but not half of it, I have my son aged 14 and daughter aged 20 living with me who are both in full time education, I have bought a house but cannot afford to keep it as he only contributed toward my son. Can he stop me and the children going back to live in the house he owns?

Our Response:
Regardless of whether your ex's name is on the house, you are still entitled to a claim on it if your marriage has been a long one. You are also entitled to live in this house if you are married. However, you would have to seek professional legal advice regarding this matter.
DivorceResource - 9-Nov-17 @ 12:05 PM
My husband has decided after 30 years of marriage he doesnt want to be married any more and refuses to let me into the home he owns. We previously had a house in joint names and sold this, but before we purchased another one he decided he wanted to live apart. He gave me a proportion of the money from the home we sold but not half of it, I have my son aged 14 and daughter aged 20 living with me who are both in full time education, I have bought a house but cannot afford to keep it as he only contributed toward my son. Can he stop me and the children going back to live in the house he owns?
JB - 8-Nov-17 @ 2:17 AM
@Rose - I think I'd think of yourself for once. If your husband is angry and controlling then he can obviously sort himself out. If you can't get him out, have you thought of moving out yourself? New start and all that!
Megan - 6-Nov-17 @ 2:28 PM
My husband is cold, and angry. He is abusive verbally on a daily basis and he is unkind to my children who are mostly grown now.We have been together twelve years and he has been this way for 11.5 of those years. The verbal abuse and anger is nearly constant with a few occasional good moments. My health is not great and sometimes he is helpful to me. The bad outweighs the good by far and my entire family and all my friends want me away from him. Sometimes I will tell him I want to separate and he threatens to do spiteful and cruel things to me. I would not be able to defend myself. Here is the major problems. 1. He won't leave on his own.We rent so no owned house. 2. He has only a small retirement pension as even though I am handicapped I am the only one working. He would have nowhere to go. Despite how badly Iwant out. I feel bad for him. I know I am messed up from having an abusive father and my husband is 28 years older than I am. Are there agencies that can help him get a place to live? if I knew he would have a place he could afford as he is elderly I would feel better getting out. Tired of being abused and want out.What can I do?
Rose - 4-Nov-17 @ 10:56 PM
My husband is cold, and angry. He is abusive verbally on a daily basis and he is unkind to my children who are mostly grown now.We have been together twelve years and he has been this way for 11.5 of those years. The verbal abuse and anger is nearly constant with a few occasional good moments. My health is not great and sometimes he is helpful to me. The bad outweighs the good by far and my entire family and all my friends want me away from him. Sometimes I will tell him I want to separate and he threatens to do spiteful and cruel things to me. I would not be able to defend myself. Here is the major problems. 1. He won't leave on his own.We rent so no owned house. 2. He has only a small retirement pension as even though I am handicapped I am the only one working. He would have nowhere to go. Despite how badly Iwant out. I feel bad for him. I know I am messed up from having an abusive father and my husband is 28 years older than I am. Are there agencies that can help him get a place to live? if I knew he would have a place he could afford as he is elderly I would feel better getting out. Tired of being abused and want out.What can I do?
Rose - 4-Nov-17 @ 10:23 PM
Socrates - Your Question:
My son is going through a difficult time on his marriage. His wife has asked him to leave the house for a few days to give her space to think. He has agreed to do so, but we are concerned that she could accuse him of abandoning the family home. Could this have an impact upon his rights as co owner of the property?

Our Response:
Much depends upon whether he moves back in (he has the rights to live in the house if he is married and co-owns the property). Much also depends upon whether they have children and what they agree to do long term. Due to the many variants, it makes it difficult to advise specifically, please see CAB link here for more information. CAB also offers an informative leaflet if you wish to know more, please see link here.
DivorceResource - 24-Oct-17 @ 11:19 AM
My son is going through a difficult time on his marriage. His wife has asked him to leave the house for a few days to give her space to think . He has agreed to do so, but we are concerned that she could accuse him of abandoning the family home. Could this have an impact upon his rights as co owner of the property?
Socrates - 23-Oct-17 @ 10:06 AM
I am at the end now. I have been married for 7 years together for 11. My husband is vile to my daughter. It has all came to a head several times and I told him I want a divorce. He doesn't believe me. He says I keep threatening to leave him! In a last attempt to save things I asked him to go to marriage counselling and he agreed but I feel this is just a waste of money. The counsellor has even told him that he is the problem. There is no reason for him to dislike my daughter he just does! It is apparent that he is jealous of the relationship I have with her as we are very close and he is trying to push her out of the house! In the 2 months of counselling he has spoken to her 3 times! Only once was friendly the other 2 were to tell her to do things! I can't just walk out of the house as I have nowhere to go. My family live over 500 miles away. Would I be able to get him to leave the house while the divorce and everything goes through, oh and I don't think he will take kindly to being asked to leave.
Broken - 24-Sep-17 @ 7:54 PM
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